tdiu I Visit The Ro And The Plot Thickens

[dav_marine72]

So I need to go to the health center for an appointment and to try and get some nexus letters. If anyone remembers I received a TDIU letter without any reference to DEA or P&T yet my SO says he has one. I called the 800 number and they tell me I am 100% P&T. So I show up at the RO and state I need a copy of my latest rating decision because mine does not say P&T. They say we may not have your file here because of your appeals. I'm like you made the decision it should be here. The receptionist gets an RO helper person and I explain I need a copy of the rating for my SS case that says P&T. He brings out a decision letter with a different date that although it looks close to the one I recieved it states I was awarded DEA. It's like I'm in the twilght zone. A different decision copy for them and me. Almost like they didn't want me to know I was P&T. Then I read why they gave me DEA. It states when a Veteran has a disability that permanent and total he or she is entitled to DEA. So I say okay but why doesn't it say I am P&T. Then the receptionist says you aren't P&T you have an exam in 2011. So I say but you can't get DEA unless you are P&T. I said you can be P&T but still have a future exam. She says no you can't. I'm thinking this lady works at the front desk why the hell is she telling me crap that isn't even true. So I ask the rep again why can't they just put P&T in the letter because there is no way I am not. He says I'm not saying anything. I didn't have anything to do with this decision so I'm not saying a word. He then says I don't want to say anything that might not be true because then you will be mad at me. I can sort of understand that logic. However, then in front of everyone in the room (about 5 vets and 3 VA employees) he says I also don't want you coming back and beating me with your cane hahahaha. Then a woman from the VA says oh I want to see that one. I am so pissed by now I tell him (he is a large African American by the way) I'll drop the cane and go outside right now. The woman VA employee then says you must be on too many drugs and laughs. Finally the rep says why don't you go see your SO. I said okay.

I go down and verify yes I am P&T and sure enough in the letter I didn't get it says my back (which is chronic in nature, 13 years in the making, 2 failed surgery including L3-S1 fusion, I am scheduled for a spinal stimulator because I am in 5 times the pain after this last surgery) has a good probably of getting better down the road. My SO does verify I am P&T. I also have 10 service connections together with many on appeal and have a good chance of getting 100% on the schedule because I was 80% prior to TDIU.

I really don't care about the future exam. I am used to fighting these clowns and will win again. It's BS yes but what are you going to do. What troubles me is if I never inquired I would not have known I had DEA and CHAMPVA benefits. Why did I get a different letter than the RO and SO had on file. Then on top of all my troubles here I just go to the RO to get a copy of the decision letter they didn't send me and I have to have a receptionist tell me I'm not P&T when 1 thats not her job and 2 she doesn't have the knowledge to talk to me about my case. I have a VA rep come out and basically say I know nothing and won't say anything. Then he embarrasses me by saying he doesn't want me to come back and beat him with my cane. I thought for once the VA had some integrity by giving me TDIU and P&T which I rate and then I have to find out they hid a letter from me and the VA workers think it's funny I need to use a cane. These people disgust me.

[dav_marine72]

Thanks Larry that's exactly what I am saying. I'll ask for the code sheet though that's a good find. They said they have a 2011 date for a back exam not a TDIU exam. Why would they bother if I am TDIU? Unless they think this back without L3-S1 is going to get better and that will help me go back to work. Code sheet time. Thanks everyone.

[tssnave]

Larry - got it, thanks - I'm a one disability vet so hadn't thought about the multiple disabilities angle.

DAV Marine 72 - will all of your other disabilities EXCEPT your back still support your TDIU rating?

Thanks,

TS

Edited October 1, 2009 by tssnave

[Jayg]

Eggzackly what, please, is a "code sheet"? B)

[carlie]

Eggzackly what, please, is a "code sheet"?

Jayg,

Click the link and study it.

carlie

[dav_marine72]

tssnave,

Tough call. If you take the back out you still have mental 50%, asthma 30%, and right foot 10%. Technically with no back I'd say no. But then again if my back was fixed I'd love to go back to work. As we stand I'm scheduled for a spinal stimulator because the pain is driving me insane and thats on 3 oxycontins 40mg and 3 oxycodones 30mg. I also keep falling because of the numbness in my right leg / foot.

If they rate me what they should I should end up like this:

Back 40% ortho, 40% right extremity neuro, 40% left extremity neuro, SMC A&A

Mental 70 - 90%

Asthma 30%

Right foot neuro 20%

Left foot neuro 10%

Chronic right testicle pain 10%

High blood pressure 10%

eczema 10%

gerd 10%

erectile dysfunction 0% $89 SMC

[tssnave]

DAV 72,

Keep us posted on the outcome of your situation.

BTW, mental claims don't have a 90% rating. They go from 10, 30, 50, 70, 100:

http://www.warms.vba.va.gov/regs/38CFR/BOO...ART4/S4_130.DOC

Thanks,

TS